WAMPSVILLE -- Disciplinary hearings for Madison County Probation Director Karen Birch began Monday with opening arguments by John Corcoran, an attorney with Syracuse law firm Hancock Estabrook, representing Madison County, and Jon Lovett, Birch's White Plains- based attorney.

Since Nov. 29, 2011, Birch has been on paid leave after the county accused her of incompetence and mismanaging her department.

The hearing took place in the supervisors' conference room. Three tables were assembled in a "U" formation, the hearing officer was seated at the head table, with Birch and her attorney seated at one arm facing Corcoran and assistant county attorney Tina Wayland-Smith at the other arm. Besides reporters, there was one person watching the proceedings seated in chairs along the back wall.

Corcoran outlined the county's allegations that Birch used poor judgment while directing the Probation Department.

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He said that from February to May 2011, she failed to remove a female probation officer from supervising a man on probation for a domestic violence-related conviction of criminal contempt, who had made threats against her.

Further, the county alleges that Birch promised, but later failed, to remove the officer from conducting a pre-sentencing report for the same probationer, a violation of the department's safety procedures.

The county also claims that Birch allowed a supervisor to come to work drunk and then drive two newly hired officers to court to observe the proceedings. The county insists Birch's mismanagement led to excessive turnover in the department.

"This is to give you a sense of what is to come," Corcoran said in his opening statement, adding that if found guilty, Birch's maximum penalty would be firing.

Lovett said he plans to prove that the county's allegations are baseless.

Presiding over the case is Hearing Officer John Trela, an Albany-based arbitration specialist. Trela is a member of the Public Employment Relations Board, with a background in mediation and fact-finding as a labor relations specialist for New York State United Teachers and Field Services for CSEA.

Corcoran and Trela have worked together before. In July, they were both panel members in a collective bargaining dispute between the village of Owego and its police union.

Trela is being paid $1,400 per day by Madison County for his services.

The Oneida Daily Dispatch has requested information on how much Corcoran has billed the county for his legal work on the case; officials say the figure will be available by Wednesday.

Two previous hearing officers, Judith LaManna and David T. Garvey, recused themselves after acting in the capacity of hearing officer for brief periods of time. LaManna and Garvey have reportedly waived their fees for any work they completed in connection with the hearings.

In opening remarks, Lovett contended that county supervisors have already decided that Birch is guilty, and that the disciplinary hearing will merely be a "parade of witnesses."

He said that during the hearing, evidence will be presented that includes audio recordings of Wayland-Smith indicating that she felt Birch was incompetent.

The recording allegedly took place prior to formal charges lodged against Birch and before any disciplinary hearing was held.

"This case has already been decided," said Lovett, adding that prior to a hearing officer being appointed in the matter, the county board of supervisors had already met with county attorney's and hired an outside investigator to gather evidence against Birch and discuss allegations.

"That is illegal," said Lovett.

"The hearing is not supposed to be a charade," he added. "This is a waste of taxpayer money. This is rigged."

Opening arguments began at 10 a.m. and ended 25 minutes later, when the public was told to leave.

In a ruling by Trela prior to Monday's hearing, the testimony of one witness was closed to the public after her attorney, Neal Rose, made a motion for her testimony to take place behind closed doors. The witness's testimony took the rest of the day on Monday, and the proceedings were still closed off from the public.

The hearing adjourned for the day around 3:30 p.m.

Lovett has previously said that Birch has always wanted the hearings open, and on Monday morning he again entered another exception to the witness testimony being closed.

The hearings will resume today at 9 a.m. in the conference room adjoining the Board of Supervisors chamber, and are expected to be open to the public.